Invalidating a patent with prior art
Although all three options are ultimately less expensive than litigation, cost is another strategic consideration. Post-grant review carries with it an important strategic consequence.
In contrast, in ex parte re-examination, the requester is not involved in the proceeding after the petition is granted.
Regardless, the review process itself involves only the PTO and the patentee.
There is no legal estoppel in an ex parte re-examination procedure.
The PTAB may whisper piece partes review of a call when there is a locked husband that the intention would paten as to at least one compared claim.If your business needs a quick resolution to a potential patent infringement issue, then the PGR or IPR procedures will have an advantage over ex parte re-examination.Statistics have also shown that petitions with a more focused attack, i.In the IPR and PGR procedures, the real parties in interest must be disclosed not only so the judges of the PTAB can determine whether they have a conflict of interest but also because the AIA created estoppel provisions for these proceedings.Each of post-grant review, inter partes review and ex parte re-examination is initiated by filing a petition and paying the required fee.